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Home My WebLink AboutZBA-05/09/2019 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F $®U�ey 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �, �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®U Southold,NY 11971 9 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 9, 2019 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold,New York 11971-0959, on Thursday MAY 9, 2019 commencing at 8:30 A.M. Present were: Leslie Kanes Weisman, Chairperson Eric Dantes, Vice Chair Nicholas Planamento Robert Lehnert Patricia Acampora William Duffy, Town Attorney Kim Fuentes, ZBA Secretary 8:36 A.M. Chairperson Weisman called the meeting to order. WORK SESSION: a) Requests from Board Members for future agenda items. b) Reminders: Town Board Public Hearing on May 21, 2019 at 4:30 on Definitions to Chapter 280: Pool House/Cabana c) Discussed Sound Clarity in the Recordings of our Public Hearings for the Purpose of Transcripts. d) May 23, 2019 at 4:00 pm Board Training of Agriculture and Markets Law by Bill Duffy. Page 2—MINUTES Regular Meeting held May 9, 2019 Southold Town Zoning Board of Appeals e) Tentative June 20, 2019 at 4:00 pm Board Training of FEMA, Wetlands, Waterways, by Mark Terry and Mike Verity f) Fees to Charge for Area Variances of Special Exceptions for Accessory Apartments. g) Conducting interior Inspections. All Members will confirm with the Secretary and all other Board Members via e-mail as to whether they will or will not be doing the scheduled inspection so property owners know how many Members to wait for. EXECUTIVE SESSION: 9:03 A.M. Motion was offered by Chairperson Weisman, seconded by Member Lehnert to enter into Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted 5-0). 9:24 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman, Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted 5-0). 9:32 A.M. Chairperson Weisman called the public hearing to order with the Pledge of Allegiance. Motion was offered by Chairperson Weisman seconded by Member Planamento, to open the public hearings section of the meeting. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0 . STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Planamento, to declare the following applications as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3), with No Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): 1050 West Cove Road, LLC, #7268 Ryan Stork#7269 Thomas Kennedy#7271 Tracy Minucci/White Cap North Fork, LLC #7272 Diane Arpaia#7273 Stritzler Family Trust#7277 Turklan Arklan#7279 , Shawn P. Fitzgerald Revocable Living Trust#7276 SV Greenport, LLC #7275 Ronald and Ann Smith#7283SE Page 3—MINUTES Regular Meeting held May 9, 2019 Southold Town Zoning Board of Appeals Vote of the Board: All. This resolution was duly adopted (5-0). RESOLUTIONS: KAREN M. POWER #7262 — (Adj. from April 25, 2019) Request for Variances under Article XXIII, Section 280-124; and the Building Inspector's October 16, 2018, Amended November 16, 2018 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum total side yard setback of 25 feet, 2) more than the code permitted maximum lot coverage of 20%; at: 555 Riley Avenue, Mattituck,NY. SCTM#1000-143- 4-16. BOARD RESOLUTION: A motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN the hearingto o May 23 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RYAN STORK #7269 - Request for a Use Variance under Article III, Section 280-13 (C); and the Building Inspector's November 15, 2018 Notice of Disapproval based on an application for a permit to alter the second floor of an existing accessory garage into recreational space, at; 1) proposed recreational space in the accessory building is not a permitted accessory use; at: 1140 Park Avenue, Mattituck (Adj. to Cutchogue Harbor), Cutchogue, NY. SCTM#1000-123-8-1. BOARD RESOLUTION• Pursuant to request from the applicant's representative to Adjourn the Hearing for thirty days, a motion was offered by Chairperson Weisman, seconded by Member Planamento to ADJOURN the hearing to June 6 2019 at 11:30 A.M. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). PUBLIC HEARINGS: 9:35 A.M. - 1050 WEST COVE ROAD, LLC, #7268 —By Eugene Burger, Owner; Fred Weber and Gail Wickham, representatives. Request for Variances under Article III, Section 280-15; Article IV, Section 280-18; Article XXII, Section 280-116A(1); and the Building Inspector's September 21, 2018 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct an accessory in-ground swimming pool, at; 1) proposed additions to the single family dwelling located less than the code required 100 feet from the top of the bluff; 2) proposed in-ground swimming pool located less than the code required 100 feet from the top of the bluff, 3) proposed addition to the single family dwelling is less than the code required minimum rear yard setback of 50 feet; 4) proposed swimming pool is partially located in other than the code required rear yard; at: 1050 West Cove Road (Adj. to Cutchogue' Harbor), Cutchogue, NY. SCTM#1000-111-5-1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing subject to receipt of additional information Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:02 A.M. - THOMAS KENNEDY #7271 — By Thomas Kennedy, Owner; Eileen Wingate, Page 4—MINUTES Regular Meeting held May 9, 2019 Southold Town Zoning Board of Appeals Representative. Request for Variances under Article III, Sections 280-13C and 280-15; Article IV, Section 280-19; Article XXIII, Sections 280-123A and 280-124; and the Building Inspector's October 30, 2018 Notice of Disapproval based on an application for permits to legalize "as built" additions to an existing single family dwelling, to an existing non-conforming accessory cottage, and to an existing non-conforming tool shed at; 1) as-built addition to single family dwelling is less than the code required minimum side yard setback of 10 feet; 2) as-built accessory structure (deck) is located in other than the code required rear yard; 3) as-built addition to the accessory cottage is not a permitted, pursuant to Article XXIII, Section 280-123 A which states "A non-conforming building containing a non-conforming use shall not be enlarged or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use"; 4) as- built addition to tool shed located less than the code required minimum rear yard setback of 5 feet; 5) as-built changing room and shower attached to the existing tool shed is not permitted, at: 12005 Route 25, East Marion, NY. SCTM#1000-31-5-2. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and reserve decision to a later date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:16 A.M. - TRACY MINUCCI/WHITE CAP NORTH FORK, LLC #7272 — By Jason Peters, Representative. Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's December 6, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) more than the code permitted maximum lot coverage of 20%; at: 16500 Main Street, New Suffolk, NY. SCTM#1000-117-9-13. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:30 A.M. - DIANE ARPAIA #7273 — By Diane Arpaia, Owner and Charles Southard, Representative. Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector's November 8, 2018 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum side yard setback of 15 feet; at: 1900 Wunneweta Road, Cutchogue, NY. SCTM#1000-111-4-22. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and reserve decision to a later date. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 10:33 P.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to enter into Executive Session. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:59 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to exit Executive Session and reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 5—MINUTES Regular Meeting held May 9, 2019 Southold Town Zoning Board of Appeals 11:03 A.M. - STRITZLER FAMILY TRUST #7277 — By Peter Stoutenburgh, Representative. Request for a Variance under Article XXII, Section 280-116(A)(1); and the Building Inspector's December 21, 2018 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling , at; 1) located less than the code required 100 feet from the top of the bluff; at: 955 Soundview Avenue, (Adj. to Long Island Sound) Mattituck, NY. SCTM#1000-94-1-8. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to Close the hearing and reserve decision to a later date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:15 A.M. - TURKLAN ARKLAN #7279 —By Arklan Turklan and Erkan Turklan, Owners. Ray Zaneski, in support. Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's January 14, 2019 Notice of Disapproval based on an application for a permit to legalize an "as built" six (6) foot high fence in the front yard of a single family dwelling, at; 1) more than the code permitted maximum four (4) feet in height when located in the front yard, at: 55 Eastward Court, Mattituck, NY. SCTM#1000-115-7-11. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing subject to the submission of an amended survey. Vote of the Board: Ayes: All. This Resolution was duly adopted (5.0� 11:38 P.A. Motion was offered by Chairperson Weisman, seconded by Member Acampora to break for lunch. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:07 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 1:07 P.M - SHAWN P. FITZGERALD REVOCABLE LIVING TRUST #7276 — By Shawn Fitzgerald, Owner and Philip Butler, Representative. Request for an interpretation pursuant to Article III, Section 280-13(A)(1); and the Building Inspector's December 14, 2018 Notice of Disapproval based on an application to amend a building pen-nit #41621 (construction of an accessory pool house) for "as built" interior alterations, at; 1) as to whether an "as-built" structure constitutes a second dwelling unit by design; at: 495 Paddock Way, (Adj. to Wolf Pit Lake) Mattituck, NY. SCTM#1000-107-4-2.10. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Adjourn the hearing to June 6, 2019 at 1.45 PM after which proper mailingis s complete Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Page 6—MINUTES Regular Meeting held May 9, 2019 Southold Town Zoning Board of Appeals 1:21 P.M. - SV GREENPORT, LLC #7275 - By John Wagner, Representative. On appeal from Building Inspector's October 17, 2018 Notice of Disapproval and pursuant to Article I, Section 280-4 and Article XXIV, Section 280-127 of the Town Code; 1) Request interpretations that (a) Applicant's proposed work at the subject property is not governed by the current Town Code definition of`Hotel and Motel, Transient,' such definition does not require Applicant to remove the existing kitchen facilities in the existing units on the subject property, and the Building Department improperly disapproved Applicant's building permit application based on such definition; (b) Applicant may continue to use, maintain, and renovate the existing kitchen facilities in the units on the subject property; (c) the Building Department may not require Applicant to comply with the restrictive definition of`Hotel and Motel, Transient' or to remove kitchen facilities from its units to obtain a building permit for proposed renovation and other work on the subject property; and (d) site plan approval is not required for Applicant's proposed work on the building and units at the subject property; 2) Request annulment of the Building Department's `Notice of Disapproval' and direction that a building permit be issued; upon property located at: 59725 County Road 48, Greenport, NY. SCTM# 1000-44-2-23. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing subject to receipt of additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:36 P.M. - RONALD AND ANN SMITH #72835E — By Ron Smith, Owner; Martin Finnegan, Representative. Rebecca Smith, in support. Request for a Special Exception under Article III, Section 280-13B(13). The Applicants are the owners of subject property requesting authorization to create an Accessory Apartment in an existing accessory structure measuring 830 sq. ft. in living floor area; at: 1530 Camp Mineola Road, Mattituck, NY. SCTM#1000-122-5-3.5. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to Close the hearing and reserve decision to a later date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 1:51 P.M. - RONALD COONS #7244 (Adjourned from March 28, 2019) By Michael Kimack and Mark Schwartz, Representatives. Request for Variances under Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's September 27, 2018, Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling, at; 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet; 3) an existing shed located in other than the code required rear yard; at: 5206 Great Peconic Bay Blvd., Laurel, NY. SCTM#1000-128- 2-21. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and reserve decision to a later date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:09 P.M. - PETER PATINELLA #7263 — (Adjourned from April 25, 2019) By Peter Patinella, Owner; Michael Kimack, Representative. Ellen Zimmerman, in support. Request for Variances Page 7—MINUTES Regular Meeting held May 9, 2019 Southold Town Zoning Board of Appeals under Article IIl, Section 280-14; and the Building Inspector's November 8, 2018, Amended November 13, 2018 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, 2) less than the code required minimum total side yard setback of 25 feet, 3) more than the code permitted maximum lot coverage of 20%; at: 440 South Lane, East Marion, NY. SCTM#1000-38-6-12. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to Close the hearing and reserve decision to a later date. Vote of the Board: Ayes: All. This Resolution was duly adopted (5- RIESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson, Weisman, seconded by Member Acampora to set the next Regular Meeting with Public Hearings to be held June 6, 2019 at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held April 25, 2019. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). There being no other business properly coming before the Board at this time, the Chairperson declared the meeting adjourned. The meeting was adjourned at 2:38 P.M. Respectfully su mitt d, Kim E. Fuentes /33/2019 Included by Reference: Filed ZBA Decisions (0) 1 Leslie Kanes Weisman, Chairperson 5-,03 /2019 RECEIVED Approved for Filing Resolution Adopted F 1k8 SAY 2 � 201 s • • Sou old Town Clerk